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4.3.4 Entitlement to treatment after successful common law action where a person has multiple eligibility e.g. MRCA/VEA

Where a person successfully recovers common law damages related to a MRCA compensable cause of action, and as a result loses their treatment eligibility, along with their other compensation related to that cause of action, then there are questions around whether other treatment eligibility under the Veterans' Entitlements Act 1986 (VEA) could compensate them for those conditions.

If a person was to be prevented from receiving MRCA treatment compensation for a condition after successful common law action, there could be a situation where their coverage under a VEA Gold Card could conceivably provide them with Commonwealth funded treatment for those conditions.

Note - Whether this is prevented or allowed by any legislative provisions is the subject of an outstanding request for legal advice, and will be included in this chapter as soon as possible.  In the meantime, if this situation were to arise, please refer the case to Director, Benefits, Payments and Rehabilitation Policy for advice.